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The European Court of Human RightsImplementing Strasbourg's Judgments on Domestic Policy$
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Dia Anagnostou

Print publication date: 2013

Print ISBN-13: 9780748670574

Published to Edinburgh Scholarship Online: January 2014

DOI: 10.3366/edinburgh/9780748670574.001.0001

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The Reluctant Embrace: The Impact of the European Court of Human Rights in Post-Communist Romania

The Reluctant Embrace: The Impact of the European Court of Human Rights in Post-Communist Romania

Chapter:
(p.71) Chapter 3 The Reluctant Embrace: The Impact of the European Court of Human Rights in Post-Communist Romania
Source:
The European Court of Human Rights
Author(s):

Dragoș Bogdan

Alina Mungiu-Pippidi

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748670574.003.0004

Focusing on Romania, this chapter explores the profound influence that the ECtHR's judgments have had in the post-communist period, in spite of significant opposition against it. Besides the infrastructural weaknesses of the main institutions assigned with the task of execution of judgments, political elites accord an overall low priority to the latter, and seek for most part to ‘contain’ compliance. In spite of such deficiencies, the ECtHR's judgments have proved to be a major source of policy change in areas such as freedom of expression in the media, the criminal justice system, judicial reform, as well as property laws. In these areas, laws, structures and practices inherited from the communist regime were sharply incompatible with the Convention provisions and the ECtHR's case law. The large volume of petitions taken to the Court and the resulting condemnations on the one hand, in tandem with the country's EU accession process on the other, turned out to be the major sources of pressure and policy change in these areas.

Keywords:   Human rights, European Union, Accession process, Post-communism, Right to property, Freedom of expression, Secret services

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